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News and Report around Nigeria
Saturday May 18th 2013

Slideshow

SEC Memo made public

Three Securities and Exchange Commission [SEC] Commissioners and House of Representatives members of the House Committee on Capital Market may soon be arrested by the Economic and Financial Crimes Commission [EFCC] over a bribery allegation

The House of Representatives Committee on Capital Market has been probing the collapse of the once lucrative capital market

The Director General of SEC has been alleged of spending over N30million on hotel bills within eight months.

But in a return, she alleged that the committee led by Hon. Herman Hembe demanded for N44 million from her.

Hembe and Ms. Oteh have been trading words over a bribery allegation leveled against them.

Already, a secret memo showing that SEC initiated the move to sponsor the controversial public hearing with a N30.4m budget has been releaved in Abuja.

click here to read the full secret memo

Some letters and memos by SEC and the House Committee provided an insight into how the deal was struck.

A March 9 memo by the Senior Supervisor (CA) in SEC, Hassan Mamman, to the DG of
SEC, reads:
“RE-PUBLIC HEARING ON THE NIGERIAN CAPITAL MARKET

“Please, recall that the commission received a letter of invitation from the leadership of the House of Representatives Committee on Capital Market inviting the management of the commission to a public hearing on the Nigerian Capital Market slated for March 13 – 30, 2012.

“The leadership of the Committee had also earlier advertised the hearing in some national dailies in which other stakeholders were also invited alongside the commission
to the three-week long event.

“The department had suggested to the management the need to support this great effort of the National Assembly to finding a lasting solution to the challenges facing the Nigerian Capital Market.

“We were then mandated to approach the committee with a view to finding out the areas where such support is required.

“The committee welcomed this development and accordingly forwarded a budget estimate for the public hearing (see attached).

“In view of the above and in pursuit of the commission’s statutory responsibilities to the Nigeria Capital Market and in furtherance of our mutual relationship with the National Assembly as major stakeholders in the capital market, we hereby recommended the sponsorship of two items only from their budget as follows:
•1, (C) Live Coverage:
N26, 203,800
•2, Secretariat needs:
N4, 215,000
Total: N30, 418,800

“Submitted for Management’s consideration and approval of N30,418,800 only being part sponsorship of the upcoming public hearing by the House of Representatives Committee on Capital Market and Institutions to identify the manifest causes of the near collapse of the Nigerian Capital Market”.

Earlier in a March 1 memo, Mamman sought the permission of Ms. Oteh, to open discussion with the committee on how it could partially sponsor the public hearing.

“RE-PUBLIC HEARING ON THE NIGERIAN CAPITAL MARKET

The memo also reads: “The commission is in receipt of a letter of invitation from the leadership of the House of Representatives Committee on Capital Market inviting the management of the commission to a public hearing on the Nigerian Capital Market slated for March 13 – 30, 2012.

“Before then, a paid advertisement by the committee was sighted in some national dailies in which other stakeholders were also invited alongside the commission to the three-week events.

“In view of the commission’s role as the apex regulator of the Nigerian Capital Market and in consideration of the existing cordial relationship cultivated over the years between it and the House of Representatives Committee on Capital Market, we find it appropriate for the management to assist the committee by co-sponsoring this three weeks long event.

“It is our considered opinion that doing this will be of immense benefit to the nation’s Capital Market by further creating a more conducive atmosphere to finding lasting solutions to the challenges facing the Nigerian Capital Market.

“If the above suggestion is acceptable to management, the committee may be approached on your directives, to find out the possible areas for the support.

“Submitted for your consideration and further directives.”

Investigation showed that the SEC had responded to a February 28, invitation letter to its director-general by the committee.

The letter signed by the Clerk of the Committee, Mr. Femi T. Ogunsanya, reads in part: “In accordance with Sections 62, 88 and 89 of the Constitution and Order XIV, No 8 and 9 of the House of Representatives Standing Orders (2011) the House Committee on Capital Market and other institutions have been mandated by the House of Representatives Resolution (HR.103/2011) of votes and Proceedings of Wednesday, 14th December, 2011 to conduct a three-week public hearing to identify the manifest causes of the market’s near collapse with a view to funding lasting solution.

“By extension of the above, the committee therefore resolved to invite the public, and all stakeholders in the financial/stock market sector to the three-week public hearing commencing from Tuesday 13th to Friday 30th March, accordingly.

“On this note, I am directed to invite you to be part of the proceedings. You are also expected to submit 30 hard copies and two soft copies of memoranda to the Clerk/Committee Secretariat on or before 12th March, 2012 in Committee Room 19. 2nd Floor, White House, House of Representatives Wing, National Assembly Complex, Abuja.

“You are also expected to attend and take this Public Hearing serious as a core regulator of the Market.

“As we partner to bring lasting solution to the Capital Market’s near collapse, please accept the Committee’s best regards to your esteem office.”

The Committee at the SEC’s instace, later sent a N35,719,490 bill needed for the hearing and how it would spend the money, to SEC.
The breakdown is as follows: PUBLIC HEARNG: (1) Publicity—(a) Advert in Newspapers) Business News(N1,001,000); Daily Trust(N1,001,920); Punch(N998,800); Vanguard(N1,001,960);  and Tribune(N1,601,560). Sub-total= N5, 605, 240.

1(b) Advert in television stations: Channels (N745, 250.00); AIT (N715, 200.00); and NTA (N785, 000). Sub-total= N2, 245, 450.

1( c) Live coverage: Channels (1hr)—N4,550,000; AIT(2 hrs) –N12, 993,800; and NTA(3hrs)—N8,660,000. Sub-total= N26, 203, 800.

B. Secretariat Needs: (a) Official reporters(N500,000); (b) Technical crew(N300,000); (c) Postal Services(N350,000); (d)Stationery( N250,000); (e) Cards N15,000; and (f) N250,000.

As at press time however, it was gathered that the EFCC and the House Committee on Ethics and Privileges might quiz the DG, all the three Commissioners in SEC, and the Chairman of the House Committee, Mr. Herman Hembe any moment from now.

A reliable source said: “The EFCC is presently conducting preliminary findings by looking at correspondences between the House Committee and the SEC.

“Investigators have also been liaising with the hotel where Otteh allegedly incurred N30million bill.

“The key players might be invited by Friday or early next week for interaction.

“Already, some commissioners in SEC have expressed willingness to testify before the EFCC and the House Committee.”

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